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Accident Firm Takes Case, Insurance Doesn't Settle, And Lawyer Files For Withdraw

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Teachum

Junior Member
I was in an accident over two years ago, and it was the opposing party's fault. The person who caused the collision admitted fault in the police report. Liability is clear and not in question. Medicals are about 8K$. The firm let my case collect dust up until 10 days before the statute of limitations (2yrs.), then they filed the complaint. After filing, they contacted the insurance adjuster who made a nuisance offer, which did not cover expenses.
:eek:
The time to process serve the defendant has run out. So the firm's attorney asked for more time to let me (the client) serve the defendant by publication, which was piggybacked to a separate Motion for Withdraw of Counsel. I previously refused to sign a joint a motion as it's total BS, and obvious that the firm does not want to spend litigation time/expenses on the case. The basis for the attorney's independent motion for withdraw was the client is "too busy to assist in strategy of the case," although I've made every appointment, provided expense and evidentiary documents, and returned every call.
:mad:
What are my options? As of this post the judge hasn't ruled. I've been informed that contacting the assigned judicial staff, or sending a letter is a big no-no.

What is the name of your state? Arizona
 


cindy414

Junior Member
Abandonment of Counsel

:eek:
This is clearly abandonment of counsel. Sounds like one of those big "accident settlement mills." On occasion they'll try to pull a fast one. No attorney in a big outfit wants a trial on a case, unless it's for millions, especially when they settle cases in volume. I work for a small law firm, we never let cases go into a deadline crunch, which is why an insurance adjuster would either deny a claim or make an unreasonable offer.

Unfortunately, if you make contact with the judge it could prejudice what little case you have left, and be used against you later even if the attorney has lied in their motion to withdraw. Judges disfavor what your attorney is doing. Unless the judge has been "shopped" by the firm, he should rule in a light most favorable to the client. These include denying the withdraw, especially when your lawyer wants YOU to serve the defendant by publication, or could include dismissal of your case. Then you can proceed depending on how the court rules. You may even have a claim against the lawyer's litigation insurance.

Hope this helps.
 

Teachum

Junior Member
Abandonment of Counsel

What if the judge rules in favor of both? "Abating" time to serve the defendant through publication, and grants counsel's withdraw..., allowing me to serve the defendant through publication. Isn't that a conflict?
 

alnorth

Member
Get a new lawyer who will keep the case going, and let him fight with the other lawyer about any compensation issues. You may have a legitimate complaint against the lawyer for abandoning you, but you ultimately cant force him to work on your case if he really wants to get out. (Besides that, you clearly are unhappy with his performance, so I dont see why youd want him to do anything else for you)

Worry about keeping your case alive first, and then you may want to consider filing a complaint against the first lawyer with the Arizona state bar for failing to act on your case in a timely manner and then abandoning you.
 

Teachum

Junior Member
I've got no place else to go...

Thanks for all the help thus far, but there's been a new development. The court has granted time to serve the defendant by publication, and deferred its ruling on withdrawing counsel to a later date (end of the month). Thus, I'm still stuck with counsel who according to their unruled motion to withdraw, asks that I serve the defendant through publication.

DILEMMA :confused:

Upon review of the complaint signed and filed by counsel of record, it does not ask for a sum certain in dollar damages. It states what happened and makes allegations of damages, but asks for "costs" and such other relief the court deems proper. It appears that the complaint is deficient insofar as any dollar amount is concerned.

I'm unable to amend the complaint due to limitations and still having a counsel of record, until the defendant answers, which may never occur. Realize, the defendant's (insurance) attorney will probably advise him not to answer the complaint allowing me to win by default. Then what do I win, allegations? But, no dollar amounts! Best case scenario, I'll be back at square one having to satellite litigate dollar amounts if limitation statutes allow.

I would like to go against the big "no-no" here, and file with the judge seeking that counsel stay on record until the complaint is served and answered. No other attorney in town will talk to me about this case with counsel of record -ethical rules.
 
Last edited:

You Are Guilty

Senior Member
I'm unable to amend the complaint due to limitations and still having a counsel of record, until the defendant answers, which may never occur. Realize, the defendant's (insurance) attorney will probably advise him not to answer the complaint allowing me to win by default. Then what do I win, allegations? But, no dollar amounts! So it appears I'll be back at square one having to satellite litigate dollar amounts.
That is quite common. If one wins by default, the court orders a hearing (sometimes called an inquest) during which you get to provide evidence of your damages, unopposed. There's really no "litigating" going on.

I would like to go against the big "no-no" here, and file with the judge seeking that counsel stay on record until the complaint is served and answered. No other attorney in town will talk to me about this case with counsel of record -ethical rules.
There's a reason that's a big no-no, doing so can jeopardize your case. Have you tried speaking to any lawyers OUT of town who don't have to worry about dealing with this court again?
 

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